Tex. Health & Safety Code Section 341.035
Approved Plans Required for Public Water Supplies


(a)

Except as provided by Subsection (d), a person may not begin construction of a public drinking water supply system unless the executive director of the commission approves:

(1)

a business plan for the system; and

(2)

the plans and specifications for the system.

(b)

The prospective owner or operator of the system must submit to the executive director a business plan that demonstrates that the owner or operator of the proposed system has available the financial, managerial, and technical capability to ensure future operation of the system in accordance with applicable laws and rules. The executive director:

(1)

shall review the business plan; and

(2)

may order the prospective owner or operator of the system to provide adequate financial assurance of ability to operate the system in accordance with applicable laws and rules, in the form of a bond or as specified by the commission, unless the executive director finds that the business plan demonstrates adequate financial capability.

(c)

The prospective owner or operator of the proposed system shall provide to the commission completed plans and specifications for review and approval in accordance with commission rules.

(d)

A person is not required to file a business plan under Subsection (a)(1) or (b) if the person:

(1)

is a county;

(2)

is a retail public utility as defined by Section 13.002 (Definitions), Water Code, unless that person is a utility as defined by that section;

(3)

has executed an agreement with a political subdivision to transfer the ownership and operation of the water supply system to the political subdivision;

(4)

is a Class A utility, as defined by Section 13.002 (Definitions), Water Code, that has applied for or been granted an amendment of a certificate of convenience and necessity under Section 13.258 (Utility’s Application for Amendment and Use of Municipal Utility District’s Certificate Under Contract), Water Code, for the area in which the construction of the public drinking water supply system will operate; or

(5)

is a noncommunity nontransient water system and the person has demonstrated financial assurance under Chapter 361 (Solid Waste Disposal Act) or 382 (Clean Air Act) of this code or Chapter 26 (Water Quality Control), Water Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 1.023, eff. Aug. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 11.14, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1010, Sec. 6.20, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 948 (S.B. 1842), Sec. 5, eff. September 1, 2017.

Source: Section 341.035 — Approved Plans Required for Public Water Supplies, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­341.­htm#341.­035 (accessed Jun. 5, 2024).

341.001
Definitions
341.002
Rules for Sanitation and Health Protection
341.011
Nuisance
341.012
Abatement of Nuisance
341.013
Garbage, Refuse, and Other Waste
341.014
Disposal of Human Excreta
341.015
Sanitation of Ice Plants
341.016
Sanitation of Businesses
341.017
Sanitation Facilities for Railroad Maintenance-of-way Employees
341.018
Rodent Control
341.019
Mosquito Control on Uninhabited Residential Property
341.031
Public Drinking Water
341.032
Drinking Water Provided by Common Carrier
341.033
Protection of Public Water Supplies
341.034
Licensing and Registration of Persons Who Perform Duties Relating to Public Water Supplies
341.035
Approved Plans Required for Public Water Supplies
341.036
Sanitary Defects at Public Drinking Water Supply Systems
341.037
Protection of Bodies of Water from Sewage
341.038
Protection of Impounded Water from Disease-bearing Mosquitoes
341.039
Standards for Graywater and Alternative Onsite Water
341.040
Definition
341.041
Fees
341.042
Standards for Harvested Rainwater
341.046
Nonapplicability of Subchapter F
341.047
Criminal Penalty
341.048
Civil Enforcement
341.049
Administrative Penalty
341.050
Penalties Cumulative
341.061
Toilet Facilities
341.062
Public Buildings
341.063
Sanitation of Bus Line, Airline, and Coastwise Vessel
341.064
Swimming Pools, Artificial Swimming Lagoons, and Bathhouses
341.065
School Buildings and Grounds
341.066
Tourist Courts, Hotels, Inns, and Rooming Houses
341.067
Fairgrounds, Public Parks, and Amusement Centers
341.068
Restroom Availability Where the Public Congregates
341.069
Access to Restroom Facilities
341.081
Authority of Home-rule Municipalities Not Affected
341.082
Appointment of Environmental Health Officer in Certain Home-rule Municipalities
341.091
Criminal Penalty
341.092
Civil Enforcement
341.0315
Public Drinking Water Supply System Requirements
341.0316
Desalination of Marine Seawater for Drinking Water
341.0351
Notification of System Changes
341.0352
Advertised Quality of Water Supply
341.0353
Drinking Water Supply Comparative Rating Information
341.0354
Highway Signs for Approved System Rating
341.0355
Financial Assurance for Certain Systems
341.0356
Order to Stop Operations
341.0357
Identification Requirement for Device with Appearance of Fire Hydrant that Is Nonfunctioning or Unavailable for Use in Fire Emergency
341.0358
Public Safety Standards
341.0359
Fire Hydrant Flow Standards
341.0391
Direct Potable Reuse Guidance
341.0485
Water Utility Improvement Account
341.0645
Pool Safety
341.0646
Child Water Safety Requirements for Certain Organizations
341.0695
Interactive Water Features and Fountains
341.03571
Identification Requirement for Certain Fire Hydrants and Flush Valves in Certain Municipalities
341.03585
Fire Hydrant Flow and Pressure Standards in Certain Municipalities

Accessed:
Jun. 5, 2024

§ 341.035’s source at texas​.gov